Father's property after he remarries

My father is planning to get remarried in 2017 as my mother died just 4 months ago after a long fight succumbing to cancer. I am 25 years old and the only child and need to safeguard all his ancestral property by his upcoming new wife.
What precautionary measures or legal options are available for me so that I can safeguard my father's property from her.
If I get a 'gift deed' from my father before he remarries, will that help me or is there any other provision by which I can already get his property entitled to my name, so that in the near future , in case of unfortunate demise of my father, she does not claim right on his property.
As he is a government servant , once he entitles her as his legal wife, she is already entitled to father's pension after he retires.

Asked 2 years ago in Family Law from Nagpur, Maharashtra

Religion: Hindu

1) ask your father to execute gift deed in your name . have it duly stamped and regd
2) his wife would be entitled to pension after his retirement

Hi Ajay,
Thanks for your answer on my query.
Will executing a gift deed in my name assure that his new wife will have no right of claim on his so called ancestral property?
Regards

Asked 2 years ago

Dear Querist
Gift Deed is the best option, another option is sale Deed but you have to pay the stamp duty more then in Gift Deed.
she can not claim any property/share in the property of your father if the transaction was done before the marriage.
The Deed should be registered.
Feel Free to Call

1) father can execute gift deed in respect of his share of property
2) once gift deed is executed , duly stamped and regd ,and possession delivered you would be absolute owner of property .
3) father cannot cancel gift deed and will have to move court to set aside gift deed
4) wife cannot claim the property

His remarriage will not alter the character of his proprietary rights be it his self acquired or ancestral property. The wife has no share in the ancestral or self acquired property of her husband, so your father can execute the gift deed before or after remarriage. If he dies intestate his property will devolve on his wife and his biological children.

Hi, First you have to partition the ancestral property between yourself and your father so you will get 1/2 share in the property.
2. In the remaining 1/2 share of your father property your father can execute either gift deed or will in favour of you so that you will become the absolute owner of the properties.

[Maktul vs Mst. Manbhari & Others, 1958 AIR 918, 1959 SCR 1099] children [ including daughter ] has vested interest in ancestral property. However you cannot claim its partition during life time of father but you have right of partition if he makes any WILL or gift deed or other deeds.
Father is only karta of that property and he cannot sell or alienate all the ancestral property. coparcener has right to object any illegal alienation and claim partition.
Your father can prepare a settlement deed and give you 1/2 share in property and keep separate fund for your marriage. He can gift you that property.

What precautionary measures or legal options are available for me so that I can safeguard my father's property from her.
In the event of your father remarrying another woman at a later stage, you may ask your father to transfer the properties on is name or the ancestral properties he inherited to you name by executing a registered gift deed or settlement deed. Do not go for the option of Will because it can be changed anytime during his life time.
If I get a 'gift deed' from my father before he remarries, will that help me or is there any other provision by which I can already get his property entitled to my name, so that in the near future , in case of unfortunate demise of my father, she does not claim right on his property.
Once your father transfers the property by executing a registered gift deed or a settlement deed, he himself will not have any right in that property at any time after that so his newly married wife cannot have any rights over the property that was already alienated by him.

Thanks for your answer on my query.
Will executing a gift deed in my name assure that his new wife will have no right of claim on his so called ancestral property?
First of all the wife shall not be entitled to any share in his ancestral property. Moreover since he has transferred all his rights in the property his newly married wife cannot exercise any right legally for claiming a share in it. It is not maintainable in law.

1. Legal definition of ancestral property is different from what you are understanding it to be. The said property you are referring is your father's self earned and/or inherited property,
2. You can certainly take title of the said properties by getting a gift deed registered by your father in your name.

Yes, executing and getting the said gift deed registered in your name will convey the title of the gifted properties in your name and your would be step mother or anybody else in the world including your father will have no claim on those properties.

Indian Laws

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